THE GREAT TRIAL

By Robert Payne

About the author

Pierre Stephen Robert Payne was an English professor ofliterature, lecturer in naval architecture, novelist,historian, poet and biographer.

Payne had published more than 110 books published,including novels, histories and biographies, includingstudies of Charlie Chaplin, Greta Garbo, Adolf Hitler,Vladimir Lenin, Joseph Stalin, Leon Trotsky, MK Gandhi,Karl Marx, Chiang Kai-shek, Alexander the great, WilliamShakespeare, Albert Schweitzer etc.

The following story is the description of a real lifeincident that took place on 18th March, 1922. Itdescribes the trial following Gandhi’s arrest in 1922 insedition.

The trial

• The trial was held on March 23, 1922. The father of the nation, MKGandhi delivered a historical speech in the court, after he wasarrested with sedition under article 124-A.

• The arrest took place at Satyagraha Ashram, Sabarmati, Ahmedabadon 10th March, 1922 for certain articles published in ‘young India’, aweekly journal published by MK Gandhi.

• Mr. Shankarlal Banker, the printer of young India was also accused.

• Four articles of young India were cited to accuse Mr. Gandhi and Mr.S. Banker.

Gandhi’s statement before the day of the trial

MK Gandhi made the following statement – “I simply wish to state

that when the proper time comes, I shall plead guilty so far as

disaffection towards the Government is concerned. It is quite true

that I am Editor of the Young India and that the articles read in my

presence were written by me, and the proprietors and publishers had

permitted me to control the whole policy of the paper”

On the day of the trial

The district magistrate read out the indictment and defined thecharges of causing civil unrest and sedition. He then asked, “Are youaccepting the charges as stated or do you wish to have the courtproceedings against you?”

Both Gandhiji and Shankarlal Banker accepted the accusation.

Advocate general Mr. Armstrong said, “Only item left now is toannounce the punishment but I am prepared to listen if thedefendant has something to say about the punishment”.

The defendant’s response

There was complete silence in the room as Gandhiji stood up and made ahistorical confession. He said,

“Even when I am released I would repeat whatever I have done”

“I am here, therefore, to invite and submit cheerfully to the highest penalty thatcan be inflicted upon me for what in law is a deliberate crime, and what appearsto me to be the highest duty of a citizen”

“I do not have any enmity with any official or an administrator so I cannot haveanything against the punishment. But to bear enmity to the disservice that theBritish Raj has meted out to India compared to other rulers is a virtue for me”

The judgement

After hearing the defendant, the judge announced six years of prisonfor Gandhiji. The punishment for Shankarlal Banker was less severe,as he had only published the article, and not written it.

The judge also mentioned that no one would be happier than him theday Gandhi was released, and that the duration of punishment couldbe reduced based on the response of the Indian civilians.

He then asked if Gandhiji would like to make a statement, and if hecould give it to him in written as well.

Gandhiji’s speech

Some points in Gandhiji’s statement were: -

“I would like to state that I entirely endorse the learned Advocate-General’s remarks in connection with my humble self”

“I wanted to avoid violence. Non-violence is the first article of myfaith”

“I know that my people have sometimes gone mad. I am deeply sorryfor it and I am, therefore, here to submit not to a light penalty but tothe highest penalty. I do not ask for mercy”

Gandhiji’s speech (continued…)

“The only course open to you, the Judge, is, as I am going to say in mystatement, either to resign your post, or inflict on me the severestpenalty if you believe that the system and law you are assisting toadminister are good for the people”

He then read out his own formal statement explaining why heopposed the British government. He explained that the Britishoccupation of India had made India more helpless than she ever wasbefore.

Lessons to be learned…

Apart from high levels of honesty which he was known for, Gandhijialso showed personality traits that one can not expect to see in anormal human being.

He showed that obedience to law was equally important asobedience to moral duty. He accepted whatever punishment hewould get according to the law, but he also made clear that after hewas released from prison, he would continue to serve the Indianpeople, and the nation as a whole, exactly the way he used to, beforegoing to prison.

THE END